On September 1, 2023, the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters enters into force. In German domestic law, the jurisdiction for the enforcement of foreign judgments is newly defined – as
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Federal Supreme Court: Jurisdictional Issues in the “Lost Art” Database Case
By Peter Bert
The judgment of the Federal Supreme Court (Bundesgerichtshof) in the “Lost Art” database case so far has attracted attention primarily because of its significance for art and restitution law. However, it has something to offer not only in terms of…
Art Law: Lewenstein Heirs v. Bayerische Landesbank – Recommendation of the Advisory Commission
By Peter Bert
In the case of the heirs of Hedwig Lewenstein Weyermann and Irma Lewenstein Klein v. Bayerische Landesbank, the Advisory Commission’s decision recommending the restitution of Wassily Kandinsky’s painting Das bunte Leben (The Colourful Life) was published on 13 June 2023.…
Berlin Administrative Court Allows Freedom of Information Act Access in Support of Arbitral Proceedings
By Peter Bert
The Berlin Administrative Court (Verwaltungsgericht) ruled in favor of information access under the German Freedom of Information Act (Informationsfreiheitsgesetz, IFG) in a case related to the German passenger car toll system (Pkw-Maut). The case revolved around claims from plaintiffs –…
Law to Fight Child Marriages Incompatible with the Basic Law
By Peter Bert
This is a post for conflicts of laws nerds and lovers of legal policy – a lesson in symbolic politics and disregard for private international law expertise. And it takes me back to my days as a student assistant to…
The German “Commercial Courts” Dilemma
By Peter Bert
In an M&A contract, the parties consider agreeing on the jurisdiction of the German courts. The corporate guys get in touch: “Isn’t there this M&A chamber at the Frankfurt District Court, where they conduct proceedings in English…?” Well: There is…
Federal Supreme Court: Unrestricted Review of Arbitral Awards in Antitrust Matters
By Peter Bert
by Lena Rindfus, Stefan Horn and Peter Bert In a recent decision, the Federal Supreme Court (Bundesgerichtshof) held that German courts have jurisdiction to fully review arbitral awards applying competition law, if such an award is before them in enforcement…
The Best Jazz Album 2022 – A Comparative Survey
By Peter Bert
Last year, I looked at “best of” lists from the English-speaking world and complied a survey comprising the New York Times, The Guardian, JazzWise, Pitchfork and Slate. This year, I took a slightly different approach and combined the Anglo-Saxon view…
Today is Human Rights Day: Dignity, Freedom, and Justice for All
By Peter Bert
Human Rights Day is observed every year on 10 December — the day the United Nations General Assembly adopted, in 1948, the Universal Declaration of Human Rights. It proclaims the inalienable rights that everyone is entitled to as a human being…
Centenary of First Woman Admitted to German Bar
By Peter Bert
On this day one hundred years ago, on 7 December 1922, Maria Otto (* 6 August 1892; † 20 December 1977) was admitted to the German bar (Rechtsanwaltschaft). She had obtained her law degree at Würzburg University already in 1916. However, she…